It is undeniable that there are many widely held, stigmatized assumptions regarding sex work prevalent in society. The debate regarding the laws of the sex industry are heated, and many people are asking, ‘is it really a good idea to decriminalize sex work?’. Plainly and simply, the decriminalization of sex work is not only a good choice, but the essential one. Sex work decriminalization allows sex workers to have full rights, the rights that people in almost any other profession would have.
When dissecting the arguments made against the decriminalization of sex work it’s important that we unpack the stigmas associated with sex work. For many people, sex work is viewed as a dirty job and as unprofessional. Also, within the sex industry there have been many reported cases of sex trafficking, and a commonly held notion is that everyone in this industry is forced into it, living on the margins of society. Although these may be true for some people, it’s not true for every person in the sex trade. This limited view of sex work fuels the creation of oppressive laws which harm sex workers in various ways. This piece will expand on these ideas and give greater insight into why sex work decriminalization is the solution that society is in desperate need of.
Laws that criminalize sex work are harmful in multiple ways. Overall, the main thing that criminalizing laws do is push sex work underground. This occurs because sex work is an inevitable trade, meaning that it will not be entirely eradicated even with its criminalization. Instead of bringing good into people’s lives, oppressive sex work laws do more harm than good. These dangers of criminalization are outlined by Amnesty International’s Catherine Murphy. She explains how, as a result of sex work being forced underground, criminalization make selling sex increasingly dangerous. How? Firstly, sex work being forced to be hidden poses a great threat to individuals selling sex. Criminalization forces sex workers to operate in darker, more unsafe environments. This poses multiple problems. For one, isolated environments make the occurrence of sexual violence more likely. Sex workers operating outside of legal protection are in greater danger of being assaulted or even murdered on the job. Moreover, sex workers may also be more susceptible in general to STIs/STDs due to a lack of resources and lesser regulation. These implications inevitably harm the sex worker, not the person purchasing sex.
The criminalization of sex work, paired with the stigmas surrounding the sex industry, also creates issues when it comes to policing. As commented on by Vancouver based Pivot Legal Society, the criminalization of sex work somewhat allows the police to neglect sex workers. This treatment (built on the basis of criminalization) is also caused by the negative stigmas that surround sex work as a whole.
As previously touched upon, the criminalization of sex work inherently diminishes the rights that sellers of sex have. As ‘criminal’ bodies, it makes it even more challenging for sex workers to negotiate for their rights. Some advocates for sex workers’ rights, such as Gregor Gall on TheConversation.com, highlight how the decriminalization of sex work is beneficial because it will actually allow sex solicitors to create unions and form groups to bargain for rights and ensure they are protected. This opportunity is another reason why legal changes for sex work could be potentially beneficial
A common argument against decriminalization is that it encourages sex trafficking and forced sex work, which some believe is what the sex trade entirely consists of. In 2018, I attended the second annual Women’s March in Vancouver. At this event, one of the central speaker presentations was a transgender sex worker, Hailey Heartless, who talked about her life in the trade. She explained how she was empowered by sex work, as many other people are, and how people in her occupation don’t have the rights they deserve. This presentation helped me broaden my knowledge on the state of sex work. Moreover, as commented on by Catherine Murphy, people who are sex trafficked should not be considered ‘sex workers’, but as victims who should be paid special attention to. So, when we are talking about criminalization, we should also be acknowledging about the people who are in the industry for other, varying reasons and aim to help them. Through decriminalization, we will be protecting all people in the trade, giving them a greater voice and keeping them safer through better visibility.
Sex work – it’s controversial. But regardless of whether you believe the trade is good or bad – it exists. The upholding of human rights is important and core to a peaceful society, as many would agree. Thus, it wouldn’t be valid to argue that the decriminalization of sex work is wrong, being that it plays an important role in ensuring the human rights of a particular group – sex workers.
